A/HRC/44/29 I. Introduction 1. In its resolution 41/20, the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to prepare a report, in consultation with States, United Nations agencies and other relevant stakeholders, on the impact of the diversion of arms and unregulated or illicit arms transfers on the human rights of women and girls. 2. To prepare the report, OHCHR sought input from Member States, international and regional organizations, national human rights institutions and non-governmental organizations. 1 The report also draws on a diverse range of public sources, including international and regional instruments, the practice of United Nations human rights mechanisms, and reports of regional and humanitarian organizations, civil society, scholars and practitioners. 3. In the present report, the High Commissioner builds on a prior report, 2 submitted in response to resolution 32/12 of the Human Rights Council, on the impact of arms transfers on the enjoyment of human rights, in order to provide States and other relevant stakeholders with elements to assess the relationship between arms transfers and human rights law that may guide them to strengthen efforts to effectively protect human rights. 3 4. In the present report, the High Commissioner examines specific ways that diversion of arms and unregulated or illicit arms transfers may create a gendered impact on the human rights of women and girls. It also examines how these practices may increase gender-based violence against women and girls, including sexual violence and domestic violence. Placing the topic within the broader context of preventing human rights violations against women and girls, she examines considerations that can be taken into account to prevent diversion of arms and unregulated or illicit arms transfers. The High Commissioner concludes with a number of recommendations. II. Diversion of arms and unregulated or illicit arms transfers: definitions 5. Diversion of arms and unregulated or illicit arms transfers have a negative impact on human rights in both conflict and non-conflict situations. They vastly increase the widespread and uncontrolled availability of arms, thereby increasing the risk that the arms will be directed to, or come into the hands of, those who use them to commit human rights violations or abuses.4 The overwhelming majority of illicit firearms in the hands of nonState actors were manufactured legally and prepared for commercial distribution before being diverted at some stage in the supply chain.5 There were approximately 750 million diverted firearms in the hands of civilians in 2017, vastly outweighing the number of 1 2 3 4 5 2 OHCHR received contributions from Brazil, Ireland, Mexico, Qatar, Sweden and Switzerland. Contributions were also received from the Office for Disarmament Affairs, the United Nations Office on Drugs and Crime (UNODC), the United Nations Institute for Disarmament Research (UNIDIR), Airwars, the Arms Trade Treaty Secretariat, Control Arms, Project Ploughshares, the Somali Human Rights Association and the Women’s International League for Peace and Freedom. All contributions are on file with the Secretariat and available for consultation. See A/HRC/35/8. In the prior report, the High Commissioner highlighted some key aspects of the impact of arms transfers, including the potential or actual use of transferred arms, on the enjoyment of human rights. The High Commissioner also noted that there was limited data available in relation to all types of arms, and all consequences, which prevented a comprehensive understanding of the impact of arms transfers on human rights. In the present report, the High Commissioner will complement that discussion by providing additional data on the specific human rights impact of diversion of arms and unregulated or illicit arms transfers on women and girls. A/HRC/35/8, para. 7. See the contributions of UNODC and the Women’s International League for Peace and Freedom.